Merit

  1. The Regularisation Act gives the impression that appointment to Govt. service has been treated as a bounty which is violative of law — Rather than achieving good purpose the statute has destroyed, temporarily, the merit system recognised by laws of the State. Azad Government  v. Muhammad Youns Tahir & other 1994 SCR 341 (V)
  2. Determination of — the term “Merit” in relation to service is not specifically defined — It includes all the qualities of an employee such like academic qualification as distinction in education matters, integrity, devotion of duty and the manner in which a person discharges his duties — Held: while determining the merit of a civil servant some other factors including the punctuality in work, the work done by him, the manner and behavior of such officer with superior and subordinate and with general public, have to be considered — Further held: the seniority may be considered as one of the factors for determination of merit and if all other qualities are equal then seniority may be a deciding factor of merit. Mrs. Shaheen Ashai v. M. Anwar Ch. & 5 others 2014 SCR 1169 (D)
  3. —determination of—Seniority—not sole criteria—but a relevant factor for determining merit—and cannot ignored entirely—No doubt the seniority that the seniority is not sole criterion to determine the merit, but the same is considered as one of the relevant factors for determining the merit and cannot be ignored entirely. Qadeer Hussain vs The Appointing Authority&others 2018 SCR 164 (E)
  4. —Seniority—when all credentials equal, the seniority to play vital role—It is settled that when all other credentials/qualities are equal the seniority plays vital role in the determination of merit. Qadeer Hussain vs The Appointing Authority&others 2018 SCR 164 (F)
  5. —appointment in civil service—assessment of suitability of a candidate for appointment, being subjective assessment exclusively falls within the domain of appointing authority— interference can only be made if the element of mala fide and unfairness not only alleged but also substantiated by producing concrete evidence. Faisal Hussain & 4 others v. Competent Authority & 13 others 2020 SCR 437 (B) 2005 SCMR 445 ref
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